Social Studies: History 5.H.2 Understand the role of prominent figures in shaping the United States.
English Language Arts: 5.SL.1 Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 5 topics and texts, building on others’ ideas and expressing their own clearly.
Activity
Description of Activities and Setting
Materials and Time
I. Focus and Review (Establish prior knowledge)
-Review the previous lesson -Tell students that are going to be learning about the Constitution and Bill of Rights -Have KWL Chart on board and establish what they know, and what they want to know. T: Today, we will be focusing on the Constitution and the first ten amendments called The Bill of Rights. I want to see what you already know. Raise your hand and I’ll add it to our chart. S: There are ten of the rights. T: That is correct. S: One of the rights is freedom of speech. T: Now, what would you like to learn about the Bill of Rights? Please raise your hands. S: Why is it important? S: When were they added to the Constitution?
(3 minutes)
II. Statement (Inform student of objectives)
-Inform students that today we will be learning about the Bill of Rights. T: This is important because It is a part of a document that impacted our country and was that was created by our founding fathers.
(3 minutes)
III. Teacher Input (Present tasks, information, and guidance)
-Introduce Constitution and Bill of Rights -Watch short video -Talk about what an amendment is. -Explain how the Bill of Rights are the first ten amendments to the Constitution -Explain why the Founding Fathers amended the Constitution with these rights. -Briefly but thoroughly explain each amendment. -Students will receive two handouts
(30 minutes)
Handout: Bill of Rights Explained
Handout: History Highlights of the Bill of Rights
IV. Guided Practice (Elicit performance, provide assessment and feedback)
-We will be playing a game called “Constitutional Jeopardy”
(20 minutes)
V. Independent Practice -- Seatwork and Homework (Retention and transfer)
-Have each student share something they’ve learned and add it to the KWL chart. T: Now that we have learned all about the Bill of Rights, let’s add to our KWL chart.
-Have students write a journal entry on one of the following prompt *Write about the amendment you feel is the most important. What if this right was not secured by the Bill of Rights? How would your life be different?
*Suppose the Constitution had not been. How would the US look today? How would this differ from the present? Students who are below average writers will have the option to orally answer the prompt or draw a picture depicting their response to the prompt. *
(15 minutes)
-Student Journals
-See writing rubric
VI. Closure (Plan for maintenance)
-Today we learned more about our Constitution and the Bill of Rights. Tomorrow we will be taking our knowledge of the Constitution and applying it to
(3 minutes)
Highlights Of The History Of The Bill Of Rights Section 1 (Statements 1-5)
The Constitution of the United States was drafted at the Philadelphia Convention, which was held from May 25, 1787 to September 17, 1787.
The job of this convention was to make the national government stronger. The old Articles of Confederation had proved too weak to unite the 13 colonies.
There was no Bill of Rights in the 1787 Constitution on purpose. George Mason of Virginia did suggest that a Bill of Rights be included. He thought it would make the people trust the Constitution more. He said many of the state constitutions already had bills of rights so the Convention could just use some of those. He said it would only take "a few hours" to write.
Elbridge Gerry of Massachusetts made a motion for a committee to make a bill of rights just five days before the Convention was over. Mason seconded the motion. However, after a brief discussion, the delegates voted to defeat the motion.
Why was there no Bill of Rights in the Constitution of 1787? The main reason for the Convention was to strengthen the national government. Because of this, most of the delegates believed that a Bill of Rights was not needed.
Section 2 (Statements 6-11)
Certain individual rights were included in the Constitution of 1787. Some of these include: right of habeas corpus -- you can find out immediately why you have been put in jail, a ban on titles of nobility, trial by jury, and freedom of speech and debate for members of Congress.
The Federalists were people who favored a strong federal or national government.
The Federalists felt a Bill of Rights was unnecessary. They said since the new Constitution limited the power of the government and since the people kept control of everything they did not say the government could do, no bill of individual rights was needed.
Alexander Hamilton, in Federalist Paper Number 84, argued that a Bill of Rights might even be dangerous. He said that if something wasn't listed in the Bill of Rights, the government might claim the power to do it. He also said that since each state had its own bill of rights, a national set was not needed.
Hamilton's arguments had some difficulties. Six states had no Bill of Rights in their state constitutions. No state had a full list of rights.
The Anti-Federalists were people who supported strong state governments and were against a strong federal, or national, government.
Section 3 (Statements 12-16)
The Anti-Federalists wanted the Constitution of 1787 defeated.
The Anti-Federalists' main way to defeat the Constitution was to talk about the lack of a Bill of Rights. They thought having no Bill of Rights would get people to vote against the Constitution.
Anti-Federalists, like Patrick Henry of Virginia, pointed out that Hamilton's arguments that a Bill of Rights was unnecessary made no sense. Henry said that some rights were included in the Constitution, like trial by jury in criminal cases. Why should others be left out?
The Federalists agreed to support a Bill of Rights after the ratification of the Constitution. This was an important strategy to prevent a new general Convention which might undo the work done at the Philadelphia Convention.
James Madison of Virginia, a Federalist, switched his position against a Bill of Rights. He voted to recommend a Bill of Rights in the first Congress after ratification.
Section 4 (Statements 17-22)
Thomas Jefferson, who was serving as U.S. ambassador to France, wrote letters to James Madison that helped persuade him that a Bill of Rights was necessary.
James Madison took the lead at the First Congress and submitted a Bill of Rights. For his efforts, he is entitled to be called the "Father of the Bill of Rights."
Madison used rights listed in state constitutions and from state ratifying conventions. The House of Representatives adopted 17 amendments. The Senate took out and changed some rights. Finally, 12 amendments were submitted to the states for ratification.
Three-fourths or 75% of the states had to ratify (approve) the Bill of Rights. Since Vermont had been added to the Union, this meant that 11 of the 14 states had to ratify the Bill of Rights.
Within six months, nine states had approved ten amendments. Two amendments were rejected. Georgia, Massachusetts, and Connecticut did not ratify the Bill of Rights until 1939, the 150th anniversary of the Constitution!
Virginia was the eleventh state to ratify the Bill of Rights on December 15, 1791. This made the Bill of Rights part of the Constitution.
United States Bill Of Rights
FIRST AMENDMENT This amendment guarantees the right to freedom from establishment of religion, freedom of religion, freedom of speech, freedom of the press, freedom of association, freedom for people to get together peacefully, and freedom for people to send petitions to their government. SECOND AMENDMENT This amendment states that in order to have a prepared military, people are guaranteed the right to keep and bear arms. THIRD AMENDMENT This amendment states that the government cannot force people to house and feed soldiers in their homes during times of peace. FOURTH AMENDMENT This amendment states that people, their homes or their belongings are protected from unreasonable searches or seizures. Warrants may not be issued except upon probable cause, and must specifically describe the place to be searched and the person or thing to be seized. FIFTH AMENDMENT This amendment guarantees a person accused of a serious crime the right to be charged by a grand jury. Persons cannot be forced to give evidence against themselves. If a person is found not guilty of a crime, he/she cannot be put on trial for the same crime again. The federal government cannot unfairly take peoples' lives, freedom or property. The government must pay a person for any property it takes for public use. SIXTH AMENDMENT This amendment guarantees a speedy and public trial by an impartial jury if a person is accused of a crime. The accused has the right to be told of what they are accused. They have the right to a lawyer. They have a right to see and to question those people who accuse them of the crime. SEVENTH AMENDMENT This amendment guarantees a trial by jury in civil cases. (Disputes between private parties or between the government and a private party.) EIGHTH AMENDMENT This amendment guarantees that excessive bail or excessive fines will not be imposed and that punishment will not be cruel and unusual. NINTH AMENDMENT This amendment states that the people have other rights that are not stated here. TENTH AMENDMENT This amendment states that the people have all the rights not given to the United States government or forbidden to state governments by the U.S. Constitution.
Resource: Idea adapted from:
http://www.courts.wa.gov/education/lessons/
Social Studies:
History
5.H.2 Understand the role of prominent figures in shaping the United States.
English Language Arts:
5.SL.1 Engage effectively in a range of collaborative discussions (one-on-one, in groups, and teacher-led) with diverse partners on grade 5 topics and texts, building on others’ ideas and expressing their own clearly.
-Tell students that are going to be learning about the Constitution and Bill of Rights
-Have KWL Chart on board and establish what they know, and what they want to know.
T: Today, we will be focusing on the Constitution and the first ten amendments called The Bill of Rights. I want to see what you already know. Raise your hand and I’ll add it to our chart.
S: There are ten of the rights.
T: That is correct.
S: One of the rights is freedom of speech.
T: Now, what would you like to learn about the Bill of Rights? Please raise your hands.
S: Why is it important?
S: When were they added to the Constitution?
T: This is important because It is a part of a document that impacted our country and was that was created by our founding fathers.
-Watch short video
-Talk about what an amendment is.
-Explain how the Bill of Rights are the first ten amendments to the Constitution
-Explain why the Founding Fathers amended the Constitution with these rights.
-Briefly but thoroughly explain each amendment.
-Students will receive two handouts
Handout: Bill of Rights Explained
Handout: History Highlights of the Bill of Rights
T: Now that we have learned all about the Bill of Rights, let’s add to our KWL chart.
-Have students write a journal entry on one of the following prompt
*Write about the amendment you feel is the most important. What if this right was not secured by the Bill of Rights? How would your life be different?
*Suppose the Constitution had not been. How would the US look today? How would this differ from the present?
Students who are below average writers will have the option to orally answer the prompt or draw a picture depicting their response to the prompt. *
-Student Journals
-See writing rubric
Highlights Of The History Of The Bill Of Rights
Section 1 (Statements 1-5)
- The Constitution of the United States was drafted at the Philadelphia Convention, which was held from May 25, 1787 to September 17, 1787.
- The job of this convention was to make the national government stronger. The old Articles of Confederation had proved too weak to unite the 13 colonies.
- There was no Bill of Rights in the 1787 Constitution on purpose. George Mason of Virginia did suggest that a Bill of Rights be included. He thought it would make the people trust the Constitution more. He said many of the state constitutions already had bills of rights so the Convention could just use some of those. He said it would only take "a few hours" to write.
- Elbridge Gerry of Massachusetts made a motion for a committee to make a bill of rights just five days before the Convention was over. Mason seconded the motion. However, after a brief discussion, the delegates voted to defeat the motion.
- Why was there no Bill of Rights in the Constitution of 1787? The main reason for the Convention was to strengthen the national government. Because of this, most of the delegates believed that a Bill of Rights was not needed.
Section 2 (Statements 6-11)- Certain individual rights were included in the Constitution of 1787. Some of these include: right of habeas corpus -- you can find out immediately why you have been put in jail, a ban on titles of nobility, trial by jury, and freedom of speech and debate for members of Congress.
- The Federalists were people who favored a strong federal or national government.
- The Federalists felt a Bill of Rights was unnecessary. They said since the new Constitution limited the power of the government and since the people kept control of everything they did not say the government could do, no bill of individual rights was needed.
- Alexander Hamilton, in Federalist Paper Number 84, argued that a Bill of Rights might even be dangerous. He said that if something wasn't listed in the Bill of Rights, the government might claim the power to do it. He also said that since each state had its own bill of rights, a national set was not needed.
- Hamilton's arguments had some difficulties. Six states had no Bill of Rights in their state constitutions. No state had a full list of rights.
- The Anti-Federalists were people who supported strong state governments and were against a strong federal, or national, government.
Section 3 (Statements 12-16)- The Anti-Federalists wanted the Constitution of 1787 defeated.
- The Anti-Federalists' main way to defeat the Constitution was to talk about the lack of a Bill of Rights. They thought having no Bill of Rights would get people to vote against the Constitution.
- Anti-Federalists, like Patrick Henry of Virginia, pointed out that Hamilton's arguments that a Bill of Rights was unnecessary made no sense. Henry said that some rights were included in the Constitution, like trial by jury in criminal cases. Why should others be left out?
- The Federalists agreed to support a Bill of Rights after the ratification of the Constitution. This was an important strategy to prevent a new general Convention which might undo the work done at the Philadelphia Convention.
- James Madison of Virginia, a Federalist, switched his position against a Bill of Rights. He voted to recommend a Bill of Rights in the first Congress after ratification.
Section 4 (Statements 17-22)United States Bill Of Rights
FIRST AMENDMENT This amendment guarantees the right to freedom from establishment of religion, freedom of religion, freedom of speech, freedom of the press, freedom of association, freedom for people to get together peacefully, and freedom for people to send petitions to their government.
SECOND AMENDMENT This amendment states that in order to have a prepared military, people are guaranteed the right to keep and bear arms.
THIRD AMENDMENT This amendment states that the government cannot force people to house and feed soldiers in their homes during times of peace.
FOURTH AMENDMENT This amendment states that people, their homes or their belongings are protected from unreasonable searches or seizures. Warrants may not be issued except upon probable cause, and must specifically describe the place to be searched and the person or thing to be seized.
FIFTH AMENDMENT This amendment guarantees a person accused of a serious crime the right to be charged by a grand jury. Persons cannot be forced to give evidence against themselves. If a person is found not guilty of a crime, he/she cannot be put on trial for the same crime again. The federal government cannot unfairly take peoples' lives, freedom or property. The government must pay a person for any property it takes for public use.
SIXTH AMENDMENT This amendment guarantees a speedy and public trial by an impartial jury if a person is accused of a crime. The accused has the right to be told of what they are accused. They have the right to a lawyer. They have a right to see and to question those people who accuse them of the crime.
SEVENTH AMENDMENT This amendment guarantees a trial by jury in civil cases. (Disputes between private parties or between the government and a private party.)
EIGHTH AMENDMENT This amendment guarantees that excessive bail or excessive fines will not be imposed and that punishment will not be cruel and unusual.
NINTH AMENDMENT This amendment states that the people have other rights that are not stated here.
TENTH AMENDMENT This amendment states that the people have all the rights not given to the United States government or forbidden to state governments by the U.S. Constitution.